Wrong car in Drug War.

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Blackfork

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Pinellas Pays Out $100,000, Suspends 2 For Botched Bust

By STEPHEN THOMPSON The Tampa Tribune

Published: Jan 11, 2007

ST. PETERSBURG - Pinellas County sheriff's vice and narcotics detectives briefly lost a car they had under surveillance one afternoon in August, but then it reappeared: A white Chevrolet Lumina, with tinted windows, a yellow license plate, and two black men inside.

They didn't check one thing, however, when they spotted the Lumina the second time - the license tag.

That oversight Aug. 17 led to pandemonium at an Enterprise Rent-A-Car, when two detectives stormed the business, their guns drawn, and wrongfully arrested two black men.

The two sergeants thought they were arresting suspects who might have picked up 30 pounds of marijuana in a 1997 Lumina at a south St. Petersburg address.

The two men they took to the floor instead were Desmond D. Small, 26, and Christopher Lobban, 20, who had just finished their shift at Suntasia Marketing, a telemarketing firm in Largo.

Small was having problems with his 1995 Lumina, and decided to rent a car so he could put his own in the shop.

The two sergeants each have been suspended for 12 days, Sheriff Jim Coats said Wednesday, one day after the county commission agreed to pay the men a total of $100,000 in an out-of-court settlement.

"It's something we're not proud of," Coats said.

They were disciplined for failing to verify the license plate, and for using such force with the two men. Their names were not released because they continue to work undercover.

In a surveillance video, one sergeant was seen repeatedly putting his foot on Small's shoulder - or giving him a "foot strike" - as Small was prone on the floor, but trying to look around; this sergeant also pushed Small's face into the floor, the video shows.

"I stomped down trying to step on him and flatten him to the ground," the sergeant told internal affairs investigators.

After Small and Lobban were handcuffed, members of the squad gave each other high-fives, the video shows.

To the sergeants, Small was resisting while Lobban was not, according to their interviews with internal affairs. No one in the vice and narcotics division who was involved, including the captain in charge, had a problem with the level of force used.

However, Coats and the Enterprise employees who witnessed it did, the case file shows.

The sergeants are appealing their suspensions, Coats said.

Small's mouth bled from the inside and he suffered abrasions to his face as a result of his treatment by the sergeant, the internal affairs file shows.

He later told internal affairs investigators he chipped his two front teeth and suffered back pain. He received $65,000 in settlement money from the county, while Lobban will get $35,000, county records show.

"I'm like, 'What the hell is going on?' " Small told internal affairs investigators as he recounted what happened. "I said, 'Sir, I just got off work,' and they still wouldn't try to listen to me.

"I was really scared," Small said, according to his transcript. "I was just glad I was inside the building with other folks there."

The Lumina the vice unit had under surveillance at the south St. Petersburg address before it bolted from them was found abandoned a few blocks from the Enterprise branch.

The 30 pounds of marijuana was found in a Honda sport utility vehicle seen leaving the address at about the same time the Lumina sped away.

Reporter Stephen Thompson can be reached at (727) 823-3303 or [email protected].
 
Wow. What they did would amount to a third degree person felony in Kansas and they got suspended for 12 days. I presume without pay, but it doesn't really say and frankly it wouldn't surprise me if it was with pay. There continues to be a disparity in punishment for LEOs. If this had occurred in one of their homes instead of a public place with a lot of witnesses (rental car place), I doubt it would have even resulted in a settlement or a suspension.

Before the righteous defenders get here to circle the wagons and this thing gets locked down I'd just like to say that the American people are not blind. Even though it's a vocal few of us who stand up to be heard in these situations the rest of America sees it too. The police are losing the respect and trust of the American people rapidly. Law enforcement in America has become overshadowed by bad actors and outright criminals in the profession and the rest of the decent ones are compelled for some strange reason to defend them at all costs.

This detective "stomped" an innocent, non-violent, non-resisting, person IN THE BACK, and SLAMMED HIS FACE INTO THE FLOOR. Those are his own words. He should be in prison not on suspension. If you in the law enforcement community don't change your ways soon this situation will become unfixable. Then there really will be a war with the police. I don't want that to happen, but I wholly believe we are awful close in this country now.

Now I've spoke my peace. Feel free to circle the wagons, erect a blue wall, and attack me personally as a cop bashing bigoted vile human being who hates cops. Prada has rose colored glasses on sale if you're interested.....



I.C.
 
Only reasons their actions were discovered was

1. video footage
2. witnesses

Think of all the arrests where no video or witnesses were available, scares me to think what happened then, even if only 0.01% was unreasonable use of force.

I think $100,000 is too small a punishment for a county of that size. Won't change any policies, or improve the training.
 
I am surprised the victims accepted such a paltry excuse of reparations. I personally would not be content until the offenders were named and shamed publicly, fired publicly, humiliated publicly, bankrupted themselves, and the local government had a nice gaping wound in their wallet to remember not to do that again by.
 
I think $100,000 is too small a punishment for a county of that size. Won't change any policies, or improve the training.
That's why I'm morally opposed to settlements in such cases.

I'm not interested in anything which allows them to deny responsibility. I want them ADJUDICATED RESPONSIBLE. If they think they can refute any claims, let them go to TRIAL. I'm patient about such things. As the saying goes, "Revenge is a dish best served cold."
 
I am surprised the victims accepted such a paltry excuse of reparations. I personally would not be content until the offenders were named and shamed publicly, fired publicly, humiliated publicly, bankrupted themselves, and the local government had a nice gaping wound in their wallet to remember not to do that again by.
If the county doesn't have to lay off employees, or at least if they don't become uninsurable, somebody's lawyer didn't do his job.

If somebody did something like that to me, revenge would be FAR more important than a quick nickel and dime payoff. You don't get revenge by soaking the taxpayers. You get revenge by negatively affecting the operations of the organization involved and cutting careers off at the knees.
 
insidious_calm: Outstanding post. Very well said.

Frankly, I'm stunned that the Sheriff even admitted that a wrong was committed:

The two sergeants each have been suspended for 12 days, Sheriff Jim Coats said Wednesday, one day after the county commission agreed to pay the men a total of $100,000 in an out-of-court settlement.

"It's something we're not proud of," Coats said.

$100,000 is a joke, however. And when the police (or anyone else entrusted with authority) commit crimes like the assault that was committed here, they should receive harsher punishment than non-police who commit the same crimes. Failing that, I'm all in favor of family members of the victims taking it upon themselves to get a little payback.
 
I don't like the fact this got settled, because I want to know the motivations of the cops who did this. Were they so desperate for a collar that they weren't paying attention? Did they think, "Oh, we're chasing two black men in a Lumina, so here we go." Were they simply incompetent in any and all important ways?

Cops do have a tough job, and in my opinion they do deserve some slack. But when cops cross the line from a minor prodecural error into beating suspects (which is exactly what these folks were, suspects not proven guilty), any leniency or slack I give the Po-lice ends.

I agree with SomeKid. Those guys should do their best to get the most ammount of money out of the county as they can, and get the cops publicly humiliated, and fired.

If this had been a mistunderstanding, and the police had collared these guys with no abuse, found out who they were, and sent them on their merry, it'd be one thing. But, nothing justifies beating suspects.
 
My thought was about this arrest being about drugs - specifically a suspected 30 pounds of marijuanna.

Imagine what it would be like if the cops only felt the need to commit violent arrests on violent people. IE these two black men would only have had to worry if two black men had just robbed a bank or store and sped off in a Lumina.

I also find it interesting what police today consider 'resisting arrest', which seems to be 'doing anything but following an officer's orders instantly'.

Criminals need to be caught, otherwise they're still loose to commit more crimes. Especially violent ones. And, like in any profession, mistakes will be made. A fund to pay for the occasional mistake seems reasonable, along with penalties for the officers who make the mistakes.

Personally, while I'd be upset in either case, I'd much rather be put to the ground for being a suspected bank robber than a drug mule.
 
I assume they didn't hold out for more money because they couldn't afford to pay an attorney to ride the case longer and likely the attorney was paid out of winnings and really didn't want to ride the case either. Either way, to most people that is a good chunk of money.

I would have preferred to see more punishment or a policy change.

I am surprised they ran right into the rental office and made a forceful arrest without at least questioning their original assumptions of who they were following.
 
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Mech,

If they let it go down because their attorney pushed them, they should have fired that lawyer, and moved on. Besides, I doubt any halfwit lawyer would want off that case. Give me 25% of 100 mil over half of 100k any day. If it takes an extra year it would have been worth it. I really cannot understand why they let this drop so easy. I kind of wonder if they weren't quietly told shut it or die.

Also, for what the victims of this crime suffered, the payout was not a good chunk of money. 35k is considerably more money than I have ever had to my name (no matter how you do the math) at any time in my life. I would not accept 35k as hush money for that kind of abuse.
 
It does seem like they settled real cheap. I would've been looking for 6 figures no less. This was pretty much an iron clad case unless they had being dirt and didn't want any more light brought to them...

My best friends uncle was killed by the police, he was held down on the hot pavement. Some police I respect and then there are some who are dirty and everyone in town knows it and nothing happens to them
 
The perps should do time for this kind of thing. A few days off that they will eventually get paid for is not any real punishment.

Hopefully, some enterprising reporter will get their names and photos and publish them.
 
I agree that the settlement was small. If you consider that they were telemarketers $100,000 is probably about 5 years pay. If I got a little beatup I'd take 5 years pay for it.
 
It seems like the police can't do anything right for this forum
They investigated, made no excuses , disciplined those responsible, and compensated the victims.

But to the members here it is not a good enough compensation unless all those responsible have their lives ruined.
Were the lives of the victims ruined, or even catastrophically affected?

Why don't we all just stamp our feet three times while chanting "I hate Cops"
 
But to the members here it is not a good enough compensation unless all those responsible have their lives ruined.
Were the lives of the victims ruined, or even catastrophically affected?

Yes because mentioning the monetary damages looked small = cop bashing and hating.

Seriously, learn to not exaggerate.

I've only seen people on this forum critical of cops that don't do their jobs, that abuse their power. I don't see them mentioning "that cop that only gave me a warning, or that cop that saved a man's life, he should die in a fire."

What do you expect us to say? Good job for giving a 12 day suspension for beating up innocent men (probably with pay)? Or that the county will surely change their policies, tighten up oversight and supervision, now that they have lost $100,000 of taxpayer's money?

You think anything would have come out of it if there were no video evidence? The thin blue line would have closed ranks and protected their own, even with witnesses.
 
The only thing is it wasn't $100K a piece. I wouldn't have settled dont forget you have to pay the lawyer out of that. The way I see these cops were given a get out of jail free card. Sometimes you have to make an example out of people in order to get change. The story doesn't say if they are being paid while they are serving their suspension but I'm guessing they are so it's nothing more than a paid vacation. I would like to know have these same cops had any prior history of questionable practices. If so those two guys may get picked on in the future by those cops buddy
 
The cops should have been summarily fired, pension rights revoked, and the two innocent persons awarded one million dollars each. You have to make it really hurt so the lesson sticks.
 
It seems like the police can't do anything right for this forum
They investigated, made no excuses , disciplined those responsible, and compensated the victims.

They should have appeared before the same judge that any other civilian would have appeared for felonious assault charges, and having a firearm in the commision of a felony crime.
 
They should have appeared before the same judge that any other civilian would have appeared for felonious assault charges, and having a firearm in the commision of a felony crime.

That may hamper normal police work. I would rather they have a three strikes law. Violate civil rights three times, off the force, no pension, never to hold a gun again.
 
They should have appeared before the same judge that any other civilian would have appeared for felonious assault charges, and having a firearm in the commision of a felony crime.

What he said. If any non-LEO did the same thing he would be in jail. Why do LEOs get a pass for the same action?
 
I can see greater punishment for the cops, but I don't see much larger compensation. The guys deserved compensation, but they were not seriously injured in anything but pride. They don't deserve to be made independently wealthy by the tax payers.
 
I say do this{again}:

If you want to eliminate police abuse against innocent parties, punish the whole force.
If one cop is found to have violated the Constitution in any way{ by deliberate intent} then do absolutely nothing to the offending officer. No suspension,fine, loss of job, nothing.

Instead do this, randomly select 5 officers on the force{smaller force smaller number} and imprison them in a maximum security state prison in general population for 5 years with no parole.:evil:

Watch how fast the bad apples have "gun cleaning accidents"
 
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